Principal Commissioner of Income Tax-1 vs. M/s Annapurna Business Solutions

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ITTA/71/2021HC TelanganaHBHC01013899202106 January 2025Bench: J SREENIVAS RAO,ALOK ARADHE4 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the Revenue's request to withdraw the appeal. The Court granted the liberty to revive the appeal if the subject matter of the appeal falls within the exceptions mentioned in Circular No. 5/2024 dated 15.03.2024. Consequently, the appeal was dismissed as withdrawn in terms of the liberty prayed for. The operative direction was to dismiss the appeal as withdrawn. Any pending miscellaneous applications were to stand closed, with no order as to costs. The specific findings of the ITAT or the lower authorities on the merits of the assessment are not discussed or decided by the High Court in this order.

What were the facts?

This case involves an appeal filed under Section 260-A of the Income Tax Act, 1961, by the Principal Commissioner of Income Tax-1, Hyderabad (the Revenue) against an order dated December 17, 2019, passed by the Income Tax Appellate Tribunal (ITAT), Bench-B, Hyderabad. The ITAT's order was for Assessment Year 2009-10. This appeal arises from an order dated March 31, 2015, passed by the Commissioner of Income Tax (Appeals)-12, Hyderabad, which in turn was preferred against an assessment order dated March 31, 2013, passed by the Deputy Commissioner of Income Tax, Central Circle-3, Hyderabad. The assessee is M/s Annapurna Business Solutions.

What were the issues?

The primary issue before the High Court was whether to grant the Revenue's request to withdraw the appeal. The Revenue, through its counsel, sought leave to withdraw the appeal in light of Circular No. 09/2024 dated 12.09.2024. They requested liberty to revive the appeal if the subject matter fell within any exceptions provided in Circular No. 5/2024 dated 15.03.2024. The assessee's counsel was present. The judgment does not record any specific arguments from the assessee regarding the withdrawal, nor does it detail the specific grounds of the original appeal that led to the ITAT's order.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT [ 34{8 ] ...Respondent THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE ANO THE HON'BLE SRI JUSTTCE J. SREENIVAS RAO INCOME TAX TRIBUNAL APPEAL NO:71 ol 2021 Appeal filed under Section 260-A of the lncome Tax Act' 1961 against the Order dated 17-12-2019 passed in lTA No S6B/Hydt2O'15 for Assessment year 2009-10 on the file of the lncome Tax Appellate Tribunal' Bench-B" Hyderabad preferred against the Order dated 31-03-2015 passed in ITA No 269 lo 274 I CIT(A)- 12t{ydl2o14-l5onthefileoftheCommissioneroflncomeTax(Appeals)-12, Hyderabad preferred against the Assessment Order dated 31-03-2013 passed in P.A.N./G.I.R. No.AAGFA5343Q on the file of the Deputy Commissioner of lncome Tax, Central Circle - 3, HYderabad' Between: AND Princioal Commissioner of lncome Tax-1 brri[., rta*iutank, Hyderabad - 500 004 , 7th 'Floor, A-Block' l.T Towers' A C ...Appellant M/s Annapurna Business Solutions, 6-3-866/A'.Suite No' 401' Maheswari Mekins iil;'rl.n#t"dr;, creenlanos ii-oio, ri"g"pet' Hvderabad [PAN No' AAGF5343Ol Counsel for the Appellant:Ms' B' Sapna Reddy' Standing Counsel representing Mr. J.V. Prasad, s.nio, sttiJing Counsel for income Tax Department Counsel for the Respondent: M/s' A'V'A' Siva Kartikeya The Court delivered the following: JUDGMENT

E-l - .--,:_ _.,-_- THE THE M IION'BLE THE SRI J CHIEFJU AND USTIC STICE EJ. APPEAL ALOK ARADHE HON'BLE AS RAO INCO E TAX TRIBUNAL No.77 of 2o21 JUDGMENT: (r,er trrc Hott 'ble the CtieJ Justrce Alok Arodhe) I Ms. B.Sapna Reddy, Iearned Junior Standing Counsel representing Mr. J.V.prasad, learned Senior Standing Co ensel for In66ms Ta_x Department frrr the appellant. 2' Learned counsel for the appellant seeks reave of this court to withdrar,r, the appear in the right of the circurar No.O9/2024, clated I2.Og.2O24, vvith the liberty to revive the same in czLse the subject matter ol the appeal falls in any of the excr:ptions provided in the Circu lar No.S/2O24 dated 15.03.20:24. 3. According,y, the appeal is dismissed as withdrawn in terms of the liberty as prayed for. t \

41.

2 \' kam/gh Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs. Sd/. K. SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// SECT N OFFICER 1. The lncome Tax Appellate Tribunal, Bench-'B', Hyderabad. 2. The Commissioner of lncome Tax (Appeals) -12, Hyderabad_ 3. The Deputy Commissioner of lncome Tax, Central Circle - 3, Hyderabad. 4. One CC to Mr. J.V- Prasad, Senior Standing Counsel for lncome Tax Department [OPUC] 5. One CC to M/s. A.V.A. Siva Kartikeya, Advocate [OPUC] 6. Two CD Copies @1

HIGH COURT DATED:0610112025 JUDGMENT lTTA.No.71 o12021 THE APPEAL tS DISMISSED AS WITHDRAWN riE STAr t 6 -l /i i5 31 JAN ?025 (-( .: .\,(

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